Some Aspects of the Legal Position of Children in Roman Law

Abstract

The authority of the family father was a fundamental factor defining the position of free children under paternal power in Rome. The paternal power lasted until the death of pater familias who could waive it emancipating the child. At certain age a child-in-power obtained the capacity to act. However, his legal capacity was limited so he could not own property. The family father could leave certain assets to his son's free administration but could take them away at any time. This property was called peculium. Gradually, the son-in-power became the owner of the property he had acquired as a soldier or official, and the property he had acquired from his mother. The family father was held liable for wrongs committed by a son-in-power. Instead of paying the full damages, a pater familias had the option of surrendering the culprit to the injured party (noxal surrender). Gradually, the possibility of noxal surrender was limited to slaves who committed a delict. Children became criminally liable when they reached the age of maturity. Some Roman jurists were of the opinion that also children close to that age and capable of understanding the reprehensibility of their actions were criminally liable.